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Eyewitness Testimonies Essay

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Eyewitness testimonies were a large factor in the conviction of possible suspects. They are commonly asked to recognize the suspect, several years after the actual crime. However, research done by psychologists suggest that eyewitness testimonies are very unreliable. When people encode and process their memories, they lose and alter part of it, and when it is retrieved, the memories have been revised with what they later imagined or experienced. The wording effect and the misinformation effect also plays a large role in leading the witness to reconstruct false memories. For example, by using different verbs like hit, smashed, crashed, and bumped, very different testimonies can be given from the witnesses. Leading questions from investigators …show more content…

Juries can make sure that the questioning process is conducted properly and with little bias. The witness should not be informed of the suspects so they can tell their testimony from a neutral perspective. The one who provides the lineup should also not know the suspect so they cannot provide any cues, like facial expressions, that reveal their thoughts, similar to a double blind procedure. When given a list of faces to recognize the perpetrator from, they should be reminded that the real criminal may or may not be there. The lineup should be organized in a way so that no specific person stands out in comparison. The faces provided should match the witness’ description of the perpetrator rather than the suspect. Rather than giving a long time for the witness to ponder, construct new descriptions of the perpetrator, and thus choose the one they believe seems the most suspicious, they should be given just a few seconds so they must rely on their intuition. This is the speeded confidence procedure, in which they also rate their confidence on the answer chosen. Overall, although eyewitness testimonies have been suggested to be very unreliable, by using these techniques and procedures, the validity of the testimonies can be improved and it can be changed to include minimal bias. However, the

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This week’s topic was very interesting to learn about how important eyewitnesses can be when a crime and accidents do occur. In the case that was presented in the 60-minute segment of Ronald Cotton and Jennifer Thompson is exactly how legal system can fail us when it comes to the eyewitnesses’ identification testimony and how a person’s perception and memory can be altered. The aspect of psychology and law research from this week’s course material is most relevant to the topic of perception and memory. The memory has different stages the first is encoding the process of entering perception into memory.

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Eyewitness testimony is sent to sensory memory whereby it involves retaining information and details. In order to recall specific features of a person, the victim must be very observant and concentrate during the event and after when trying to remember these details. This can be transferred to short-term memory, which has the capacity of remembering 7±2 memories, and if subjects rehearse what they have seen then the memory can be stored in long-term memory. Memories can then be retrieved when needed for testimony.

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Innocence Project Report on the Case of Curtis Jasper Moore Tommy Warrick Drake University According to the Innocence Project one of the greatest causes of wrongful conviction is due to eyewitness misidentification. They state that 72% of cases where defendants have been exonerated eyewitness misidentification played a role. Even though eyewitness testimony has been proven inaccurate numerous times, it can still be the decisive evidence in a court of law. This is because the law views the human memory as a camcorder which can record and repeat whatever it sees.

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How Does Loftus Study False Memories

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Her earliest studies of eyewitness testimony addressed several issues: when someone sees a crime or accident, how accurate is his or her memory? These studies led Loftus to ask what happens when witness are questioned by police officers, and what if those questions are suggestive (Loftus, 2003). For instance, when Loftus began showing people films of traffic accidents, she found that a question such as “How fast were the cars going when the smashed into each other?” led to higher estimates of speed than a more neutral question that used the verb “hit”. Moreover, the “smashed” question led more people to falsely remember seeing broken glass when there was none.

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Followed by the lack of corroboration, which is an important aspect in courtrooms, “corroboration will add credibility to the memory and lack of it may raise doubts about the allegations.” Loftus considers that relying on memory is not a valid way of justice; the legal system needs to improve when eyewitness testimonials are used in the courts. Loftus confides as a psychologist that psychological science has taught them about human memory and that the research has revealed the limits of human memory. Adding on, these research findings need to be incorporated in procedures to improve the court system. She hopes readers will acknowledge the fact that the use of memories in a trial can be problematic since they are “dangerous” and can lead to false

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Richard miles was wrongfully convicted of murder and attempted murder in 1995 based on eyewitness testimony, false or misleading forensic evidence and official misconduct. The evidence presented at his trial that is useful for this particular research paper is the eyewitness testimony. Thurman the witness in this case identified Miles as the gunman from a photospread that police had given him. Several other witnesses were shown the same photospread but could not identify Miles. Miles was charged with murder and attempted murder.

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In the book “Picking Cotton”, the former Burlington Police Chief Mike Gauldin, who was the lead detective on Jennifer’s case, was certainly sure that Ronald Cotton was the guy he was looking for after Jennifer picked him twice (Jennifer, Ronald, Erin 80); also, on the McCallum’s case, the polices also chose to trust eyewitnesses when they did not have enough physical evidences. Furthermore, judges can be wrong sometime. Wise and Safer, who are authors of the report “ what US judges know and believe about eyewitness testimony”, surveyed 160 U.S. judges to determine how much they know about eyewitness testimony on a small test( Wise, Safer, 427-432). However, the survey responds the average judges in the U.S. only 55% correct within 14 questions (Wise, Safer, 431-432). Moreover, most of the judges who were surveyed did not know key facts about eyewitness testimony.

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Effects of post identification feedback on eyewitness identification and nonidentification confidence. Journal of Applied Psychology, 89, 334–346. Lindsay, R., & Wells, G. (1985). Improving eyewitness identification from lineups: Simultaneous versus sequential lineup presentations. Journal of Applied Psychology, 70, 556–564.

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This specific procedure necessitates the witness to view each photo separately from the rest so not to pick the suspect due to his/her close similarity. When reviewing photos sequentially, one will be more likely to compare the photo to their memory rather than to the others grouped together. Lineups continue to be called to question from the defense in that there is always the possibility the results may produce a false identification of a suspect. This is commonly due to the officer inadvertently providing verbal or no-verbal clues as the witness reviews the lineup. In addition, lineups are to be construct so those displayed have similarities such a facial hair, eye glass, or skin tone.

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Part One is very informational and contains the bulk of the book’s research. The information was presented in a thesis format; Loftus stated a claim and then supported her ideas with research and quotations from experts in the field of law and memory. Part One is helpful for psychologists, attorneys, and interested law people. The major principles concerning the errors in eyewitness testimony are supported by research and are accepted by psychologists (Kassin, Ellsworth, & Smith, 1989). Part One will contribute to the future of psychology by showcasing how the memory works and the different ways it is manipulated and changed: this will allow jurors and lawyers to become more wary when dealing with a traumatized

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Furthermore, there can be several factors at play when a wrongful conviction occurs and each case is unique. Three of the more common and detrimental factors that will be explored in this essay are eyewitness error, the use of jailhouse informants and professional and institutional misconduct. Firstly, eyewitness testimony can be a major contributor to a conviction and is an important factor in wrongful conviction (Campbell & Denov, 2016, p. 227). Witness recall and, frankly, the human emory are not as reliable as previously thought. In fact there has been much research showing the problems with eyewitness testimony such as suggestive police interviewing, unconscious transference, and malleability of confidence (Campbell & Denov, 2016, p.227).

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